On October 8, 2009, the Mississippi Supreme Court issued its highly anticipated decision in Corban v. USAA Insurance Company, holding that the anti-concurrent causation (“ACC”) clause in a homeowners’ insurance policy is inapplicable where both wind and water did not act in conjunction in causing Katrina-related damages.
Read More Katrina: Mississippi Supreme Court Finds that an Anti-Concurrent Causation Clause In a Homeowners’ Insurance Policy Does Not Exclude Coverage for Loss Separately Caused by Wind and Water
Coverage & Claims
Connecticut Appellate Court Affirms Award of Summary Judgment in Favor of Title Insurer and Finds Policy Exclusion Applies and Insurer Did Not Breach the Covenant of Good Faith and Fair Dealing
In Lauren Heyse, et al. v. William Case, et al., AC No. 29289 (Conn. App. Jun. 2, 2009), the Insured, a resident of a common interest community, brought a lawsuit to challenge the rights of another property owner within the common interest community to subdivide a lot within the common interest community.
Washington District Court Awards Attorney’s Fees Incurred by Insured’s Subrogee in Establishing Coverage
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
A Washington District Court recently awarded an insured’s subrogee all attorney’s fees incurred at all levels of coverage litigation in establishing entitlement to coverage. …
Read More Washington District Court Awards Attorney’s Fees Incurred by Insured’s Subrogee in Establishing Coverage
California Supreme Court: Assault Committed in Self-Defense is Not an “Accident”
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
The California Supreme Court recently held that an assault and battery allegedly committed in self-defense was not an “accident” and therefore did not meet a CGL policy’s definition of a covered “occurrence.”
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Read More California Supreme Court: Assault Committed in Self-Defense is Not an “Accident”
Louisiana Insureds Petition the U.S. Supreme Court to Review a Fifth Circuit Decision Vacating that Portion of Katrina-Related Judgment that Awarded Penalties, Damages and Attorneys’ Fees Based on an Insurer’s Alleged Bad Faith
On July 21, 2009, Judy and Michael Kodrin filed a petition for a writ of certiorari in the U.S. Supreme Court, asking the Supreme Court to review a Fifth Circuit decision vacating that portion of a Katrina-related judgment that awarded them penalties, damages and attorneys’ fees based on their homeowners insurer’s alleged bad faith. …
Read More Louisiana Insureds Petition the U.S. Supreme Court to Review a Fifth Circuit Decision Vacating that Portion of Katrina-Related Judgment that Awarded Penalties, Damages and Attorneys’ Fees Based on an Insurer’s Alleged Bad Faith
Live Blog – Chinese Drywall Insurance Conference – October 22, 2009 – Miami Beach, Florida
By Troutman Pepper Locke on
EAPD participated in the October 22, 2009 sessions of the Chinese Drywall Insurance Conference taking place in Miami Beach, Florida. The day included a lively discussion between attorneys on all sides of this emerging issue, including attorneys representing homeowners, builders, suppliers, and insurers. Summaries of those discussions are set out below.
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Read More Live Blog – Chinese Drywall Insurance Conference – October 22, 2009 – Miami Beach, Florida
Sixth Circuit Finds Court Order Requiring Insurer to Produce Privileged Documents Not Clearly Erroneous
By Troutman Pepper Locke on
The Sixth Circuit recently denied an insurer’s petition for a writ of mandamus to vacate a discovery order compelling the production of information which the insurer argued was protected from discovery by the work-product and/or attorney-client privileges.
EAPD WEBINAR: Up Against a Chinese Drywall – Recent Developments in the Ongoing Products Liability and Coverage Litigation
The Insurance and Reinsurance Department of Edwards Angell Palmer & Dodge invites you to join them for “Up Against A Chinese Drywall: Recent Developments in the Ongoing Products Liability and Coverage Litigation” – a complimentary 60 minute webinar to be held Tuesday, October 27, 2009 at 12:00pm EDT / 4:00pm GMT.
UK: Contra Proferentem Principle Applies to Ambiguous Questions in Proposal Form
By Troutman Pepper Locke on
Posted in Coverage & Claims, United Kingdom
The High Court’s decision in R&R Development Ltd v AXA Insurance UK Plc [2009] EWHC 2424 (Ch) concerned the issue of whether ambiguous questions in a proposal form for a contract of insurance could be construed by following the Contra Proferentem principle without the need for the court to decide upon the correct interpretation of the questions.
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Read More UK: Contra Proferentem Principle Applies to Ambiguous Questions in Proposal Form
EAPD WEBINAR: Up Against a Chinese Drywall – Recent Developments in the Ongoing Products Liability and Coverage Litigation
The Insurance and Reinsurance Department of Edwards Angell Palmer & Dodge invites you to join them for “Up Against A Chinese Drywall: Recent Developments in the Ongoing Products Liability and Coverage Litigation” – a complimentary 60 minute webinar to be held Tuesday, October 27, 2009 at 12:00pm EDT / 4:00pm GMT.